Pubdate: Wed, 28 Mar 2001
Source: Kansas City Star (MO)
Copyright: 2001 The Kansas City Star
Contact:  http://www.kcstar.com/
Details: http://www.mapinc.org/media/221
Author: Karen Dillon, The Kansas City Star

PETITION ALLEGES POLICE THREATS IN FORFEITURE CASE

Law enforcement officials are threatening to have the prison sentence of a 
convicted drug dealer doubled if he does not drop his forfeiture lawsuit, 
according to a petition filed Wednesday in Jackson County Circuit Court.

Mark Wynn, 31, is awaiting sentencing after pleading guilty in federal 
court to selling drugs. This year Wynn filed a lawsuit against the Kansas 
City Police Department that was the first class action in Missouri against 
police agencies that seized drug money and property. The lawsuits claim 
police illegally turned the money over to the federal government.

In his petition Wednesday, Wynn said he was warned to drop the lawsuit in a 
"Gestapo-like proceeding" on March 21 when he met with Kansas City 
detective Gregory Pelter, assistant U.S. attorney Michael Green, two 
unidentified FBI agents and his criminal defense lawyer.

His petition requests an injunction to stop the Police Department from 
further action.

"Such conduct is unlawful, unethical and a complete outrage to the proper 
administration of justice," Wynn's attorneys wrote in the petition.

Police Chief Rick Easley would not discuss Wynn's allegations because the 
legal action is pending, his spokesman said.

Chris Whitley, spokesman for the U.S. Attorney's office, said the 
litigation was between Wynn and the Police Department.

"For me to start arguing the Police Department's case for it would be 
completely inappropriate," Whitley said.

But, he added, "It would be wise to not necessarily take the allegations 
that he is containing in his request for this action as gospel."

Wynn was arrested in 1999 by Kansas City police and Missouri Highway Patrol 
troopers. Later the police and troopers seized $38,000 from a safe in 
Wynn's home and then asked the federal government to take the money and the 
criminal case.

By giving the money to the federal government instead of going through a 
state court, the state and local law enforcement agencies could receive up 
to 80 percent of the money back.

Under state law, they could not have kept any of the money. Forfeited 
property normally is paid to a fund for public education.

Last year the Western District of Missouri Appellate Court in another 
forfeiture case ruled that police agencies are breaking the law when they 
transfer money to the federal government without a court order. A circuit 
judge ordered Kansas City police to pay a state prison inmate $34,000 they 
had transferred in violation of the law.

Jim McMullin, the attorney who handled that case, and Kansas City attorney 
George A. Barton subsequently have filed class-action lawsuits, including 
Wynn's, in five counties.

Wynn's plea agreement with the federal government included a stipulation 
that he would not contest the forfeiture of his money. McMullin said, 
however, that the agreement pertained only to federal court, not to state 
court, where the forfeiture lawsuit has been filed.

W. Geary Jaco, Wynn's criminal defense lawyer, acknowledged that he was in 
the March 21 meeting and advised his client to drop the forfeiture lawsuit.

"I'm interested in protecting him in his sentence," Jaco said.

Wynn faced up to 40 years but was expecting a much lighter sentence because 
he informed on others suspected in the drug trade, Jaco said.

David Harris, a law professor at the University of Toledo in Ohio and an 
expert in forfeiture issues, said any threat to increase Wynn's sentence 
would be improper.

"It really smacks of the worst kind of misuse of governmental power," 
Harris said.

On March 21, guards took Wynn from the Leavenworth prison to the federal 
courthouse in Kansas City, where he met with law enforcement officials and 
Jaco, according to the petition.

In the meeting, Green and Pelter insisted repeatedly that Wynn drop his 
lawsuit against the Kansas City Police Department, according to the 
petition. Pelter told Wynn his sentence doubled if he proceeded with the 
lawsuit, the petition said.

Green gave Wynn a deadline of noon Monday to drop the lawsuit, the petition 
said. Jaco, Wynn's attorney, faxed Wynn two letters on Friday and Monday, 
urging him to drop the lawsuit. If he did not, Jaco wrote that he would 
file a motion to withdraw as his attorney because of a conflict of interest.
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